The National Sleep Foundation recommends 14 to 17 hours of sleep for newborns, and 12 to 15 hours of sleep for infants. However, as many caretakers know, ensuring children achieve the optimal amount of sleep can be difficult. As a result, Johnson & Johnson Consumer Companies, Inc. ("Johnson & Johnson" or the "Company") created "J&J's Bedtime" line of baby products to help babies sleep. Unfortunately, many customers who bought J&J's Bedtime products were disappointed by the results.
In 2010, Stephanie Leiner ("Leiner") filed suit against Johnson & Johnson alleging its claims that Bedtime products were "clinically proven" to help babies sleep better were deceptive. Leiner alleged the Company tested all products together as part of a treatment routine to aid sleep, but that labels deceived customers to believe that each individual product, independently, would aid sleep. Between 2010 and 2016 the Company sold 30 million Bedtime products.
After years of litigation, led by our partners, James Shah, Natalie Finkelman Bennett, and Jayne Goldstein, U.S. District Judge Elaine E. Bucklo granted final approval of a $5 million settlement for the class on January 18, 2017. Around 300,000 claims were filed out of a potential class of nearly 13 million individuals. As outlined in the settlement, the Company has also changed its labels to reference the routine.
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Corso, Jessica. "$5M Deal On J&J Bedtime Baby Products OK'd," Law360. Last modified on January 18, 2017.
Hirshkowitz, Max. The National Sleep Foundation's sleep time duration recommendations: methodology and results summary, Sleep Health (2016).